SERVED DECEMBER 4, 2010 

/^^^BTMENTOF 

^-r ! OPERATIONS. 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

DONNA R. DEVANEY 

FAA DOCKET NO. CPlOWPOOl 1 

(Civil Penalty Case) 

DMS FAA-2010-0785 

ORDER DENYING MOTION FOR SANCTIONS 

AND GRANTING REQUEST FOR EXTENSION OF TIME 

The Order to Show Cause of November 5, 2010, required Respondent, Donna R. 

Devaney ("Respondent"), who is pro se, to file her Answer to the Complaint by 

November 15, 2010, on pain of sanctions. Respondent filed a paragraph-by-paragraph 

response to the Complaint under date of November 14, 2010. The Federal Aviation 

Administration ("Complainant") now has filed a Motion for Sanctions and Motion for an 

Extension of Time ("Motion") for the failure of Respondent to comply with the Order to 

Show Cause. In support. Complainant asserts that Respondent failed to offer any reason 

for the fact that her answer was filed beyond the due date provided in the FAA's Rules of 

Practice in FAA Civil Penalty Actions. In the event Complainant's request for sanctions 

is denied, the Motion continues, it asks for an extension of discovery dates in order to 

best prepare for the case. 

That part of Complainant's Motion which asks for sanctions is DENIED. 

Respondent's filing in response to the Order to Show Cause met the deadline set therein. 

The response is sufficient to qualify as an answer to the Complaint. Moreover, 

Complainant has not demonstrated that it has been prejudiced by the content or timing of 

Respondent's filing. Respondent will not be sanctioned. In so deciding I also am 
mindful of the Administrator's injunction that "[wjhenever possible, cases should be 

disposed of on the merits after a hearing, rather than summarily because of a procedural 

defect." Safety Equipment and Sign Co., Ltd., FAA Order No. 92-76, p. 5, 1992 FAA 

Lexis 280 (December 21, 1992), cited in Larry's Flying Service, FAA Order No. 98-4 

(March 12, 1998). 

Complainant's request for an extension of time to complete discovery is 

GRANTED. The deadline set by the Procedural Order of November 29, 2010, is hereby 

extended to January 29, 2011. 

SO ORDERED. 

Richard C Goodwin" 

U.S. Administrative Law7udge 

Attachment - Service List 
FAA Docket No. CPlOWPOOll 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Donna R. Devaney, Respondent 

212SteeplebrookDr. 

Spring Branch, TX 78070 

TEL: 830-885-5797 

Adam Runkel, Complainant's Counsel 

Office of the Regional Counsel 

Western-Pacific Region, AWP-7.12 

Federal Aviation Administration 

P.O^ Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7142 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportafion 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

^ Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.